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Important
Customer Notice:
Your placement of an interstate or international
toll call over Natco Technologies, Inc.'s network constitutes
your acceptance of these terms and conditions.
I. The Service that We Provide to Our Customers
a. The Company is a common carrier and provides access
to facilities, services and equipment over which our
Customers may transmit voice, data and other communications
of their own choosing to interstate and international
destinations.
b. The Company provides service on a 7 days per week,
24 hours per day basis to all destinations in the United
States (including Alaska, Hawaii, and the USVI/PR),
and to those international destinations listed in the
international rate sheets maintained at the Company's
office and on its Web site.
c. The Company primarily resells to its Customers the
interstate and international toll services of larger,
facilities-based carriers. The Company endeavors to
purchase these services at volume discounts, and to
resell them to its Customers at lower rates than they
would pay if they purchased service directly from the
other carriers. However, resale also means that the
Company has no control over outages and other service
disruptions on the networks of the other carriers (see
limitations of liability below).
d. The Company has customer service representatives
available from 8:00 a.m. until 5:00 p.m. Central time,
Monday through Friday, to assist its Customers with
any questions or problems regarding its interstate or
international toll services. A Company representative
can be reached during these hours by dialing (870)453-8811
or (800)775-6682.
II.
Charges, Bills and Payment for Service
a. Service is provided and billed on a monthly basis,
and will continue to be provided and billed until canceled
by the Customer or terminated by the Company.
b. The rates and charges for the Company's interstate
and international toll services can be inspected during
regular business hours at the Company's office at 301
East Main Street, Flippin, AR 72634. Ask for the Customer
Service Supervisor.
c. The rates and charges for the Company's interstate
and international
toll services can also be inspected on its Web site.
d. The Company will pass through to its Customers all
applicable federal, state and local taxes or surcharges
(including sales, use excise, gross earnings, and gross
income taxes), as well as surcharges to recover the
Company's contributions to applicable federal or state
funds (including funds for universal service, telecommunications
relay service, local number portability, and telephone
number administration).
e. Payment for all bills rendered by the Company for
its interstate and international toll service is due
within 23 days after the bill is mailed by the Company
to the Customer. If payment is not received by the Company
within 23 days after rendition of a bill, a late charge
of up to ten percent (10%) per month will be applied
to all amounts past due.
f. No late charge will be assessed upon properly disputed
charges (see dispute procedures below).
g. The Company may require a Customer to make a deposit
prior to or at any time after provision of service,
not to exceed estimated charges for 2 months, and may
be adjusted to reflect increased or decreased billings.
Upon termination of service, the deposit will be credited
to the Customer's account and any credit balance will
be refunded after all amounts due the Company have been
paid.
III. Obligations of Customer
a. The Customer is responsible for the timely payment
of all billed charges for services or facilities provided
by the Company to the Customer, and for the payment
of the Company's reasonable attorney's fees and court
costs if the Company is forced to retain an attorney
to collect any of its billed charges from the Customer.
b. The Customer will not use the Company's services
in a manner that interferes unreasonably with the use
of the services by one or more other Customers.
c. The Customer will not use the Company's services
in an abusive, illegal or fraudulent manner, nor alter
or tamper with the Company's connections or facilities.
d. The Customer will indemnify the Company against any
and all liability, including reasonable counsel fees,
arising from any claims against the Customer for libel,
slander, or infringement of copyright or trademark in
connection with any material transmitted by the Customer
over the Company's facilities, services or equipment.
IV.
Resolution of Billing Disputes
a. If the procedures of this section are followed, the
Customer may withhold from payment the disputed portion
of any bill pending resolution of the dispute.
b. Within 30 days of the bill date of a disputed bill,
the Company must receive from the Customer an itemized
statement in writing which identifies the disputed charges
and reasonably explains the basis of the dispute. Failure
to comply with this requirement shall mean the bill
is deemed to be correct and all amounts are due and
owing the Company.
c. The Company shall review the Customer's statement,
and shall issue a written initial determination within
10 days after its receipt of the Customer's statement
to set forth the Company's proposed resolution of the
dispute.
d. If the Customer is not satisfied with the Company's
proposed resolution, the Customer must advise the Company
in writing within 10 days after the Customer's receipt
of the Company's initial determination of the specific
reasons for the dissatisfaction, and provide any additional
information which Customer deems pertinent or relevant
to the dispute.
e. Within 10 days after the Company's receipt of additional
information, the Company shall make its final determination
and resolution based upon all documentation or information
available to the Company.
f. If the Customer continues to withhold any disputed
amount determined to be owed to the Company, the Customer's
account shall be deemed to be past due, and subject
to termination.
V.
Limitation of the Company's Liability
a. The liability of the Company for damages resulting
in whole or in part from mistakes, omissions, interruptions,
delays, errors or other defects in the interstate or
international toll services provided shall not exceed
its billed charges for the defective call or calls.
b. Neither the Company nor its officers, agents or employees
will be liable for indirect, incidental, special or
consequential damages.
c. The Company shall not be liable for any interruption,
failure or degradation of service due in whole or part
to causes beyond its control, including, but not limited
to: (1) acts of God, fires, flood or other catastrophes;
(2) any law, order, regulation, directive, action or
request of any instrumentality of the United States
Government, or of any foreign, state or local government;
(3) any national emergency, insurrection, riot, war,
strike or labor difficulty; (4) any act or omission
by any unrelated carrier or other entity affecting the
facilities or equipment over which the Company's services
are provided; (5) any negligence by the Customer or
defects or failures of the Customer's equipment; and
(6) any negligent acts or omissions of third parties.
VI.
Refusal, Termination or Suspension of Service
a. The Company may refuse service to a Customer that
fails or declines to make a deposit requested by the
Company, and may terminate service 9 business days after
written notice of termination is mailed to a Customer
that fails or declines to increase a deposit in response
to the Company's request.
b. The Company may terminate service 9 days after a
written notice of termination is mailed to a Customer
that has failed to pay a bill for more than 23 days
after it was rendered, or that has failed to pay disputed
charges determined to be owed to the Company via the
Company's billing dispute resolution procedures (see
above) for more than 60 days after the end of the dispute
resolution proceeding.
c. The Company reserves the right to establish a credit
limit for Customers or classes of Customers, and to
suspend service to a Customer when the Customer reaches
the applicable limit.
d. The Company may suspend or terminate service to a
Customer immediately if the Company reasonably believes
that the Customer or entities using the Customer's account
or facilities are using the Company's services in a
manner that: (i) interferes with the use of the services
by one or more other Customers; (ii) is abusive, illegal
or fraudulent; (iii) damages the Company's facilities
or equipment; or (iv) places excessive capacity demands
upon the Company's facilities or service.
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